Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Capital Webworks Pty Ltd v Adultshop.com.limited [2005] FCAFC 232
PRACTICE AND PROCEDURE – Interlocutory order – order made by docket judge – appellant ordered to disclose circumstances pertaining to the beneficial ownership of its cause of action – order made in relation to a motion seeking to strike out the application for abuse of process – order involved exercise of discretion on a matter of practice and procedure – whether order properly made
Adam P Brown Male Fashions Pty Ltd v Phillip Morris Inc (1981) 148 CLR 170 applied Abraham v Thompson [1997] 4 All ER 362 distinguished Jackson v Sterling Industries Ltd (1987) 162 CLR 612 referred to Lenijamar Pty Ltd v AGC (Advances) Ltd (1990) 27 FCR 388 referred to State of Queensland v J L Holdings Pty Ltd (1997) 189 CLR 146 cited CAPITAL WEBWORKS PTY LTD v ADULTSHOP.COM.LIMITED AND MALCOLM DAY WAD 91 OF 2005 LEE, MOORE AND FINN JJ 11 NOVEMBER 2005 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD91 OF 2005
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: CAPITAL WEBWORKS PTY LTD
(ACN 003 384 932)
APPELLANT
AND: ADULTSHOP.COM.LIMITED
(ACN 009 147 924)
FIRST RESPONDENT
MALCOLM DAY
SECOND RESPONDENT
JUDGES: LEE, MOORE AND FINN JJ
DATE OF ORDER: 11 NOVEMBER 2005
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The costs of the appeal be costs of the notice of motion dated 14 December 2004 in proceedings WAD 49 of 2000. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD91 OF 2005
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
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